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An Bille um Bearta Éigeandála ar mhaithe le Leas an Phobail (Covid-19), 2020: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Emergency Measures in the Public Interest (Covid-19) Bill 2020: Committee and Remaining Stages (26 Mar 2020)

Jim O'Callaghan: Yes, it is Deputy Willie O'Dea's amendment.

An Bille um Bearta Éigeandála ar mhaithe le Leas an Phobail (Covid-19), 2020: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Emergency Measures in the Public Interest (Covid-19) Bill 2020: Committee and Remaining Stages (26 Mar 2020)

Jim O'Callaghan: I am talking about amendment No. 73. I think the Minister is referring to amendment No. 74.

An Bille um Bearta Éigeandála ar mhaithe le Leas an Phobail (Covid-19), 2020: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Emergency Measures in the Public Interest (Covid-19) Bill 2020: Committee and Remaining Stages (26 Mar 2020)

Jim O'Callaghan: It makes sense to suspend the operation of section 12 of the Redundancy Payments Act 1967. However, the purpose of our amendment is that when one looks at subsection (2), it allows the Minister to extend that suspension period from 31 May onwards. What we are seeking to do with the amendment is to say it can be extended beyond that but it can only be extended for a period of up to three...

An Bille um Bearta Éigeandála ar mhaithe le Leas an Phobail (Covid-19), 2020: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Emergency Measures in the Public Interest (Covid-19) Bill 2020: Committee and Remaining Stages (26 Mar 2020)

Jim O'Callaghan: The scheme as set out in the statute will operate as a refund scheme. Section 26(5) provides that following the notification by the employer of the payment of the salary to the employee the employer can contact the Revenue Commissioners and seek the subsidy. The only concern I have is that the Revenue, when it was assessing whether to pay the subsidy, will have to ensure that the employer...

An Bille Sláinte (Caomhnú agus Cosaint agus Bearta Éigeandála Eile Ar Mhaithe Le Leas an Phobail), 2020: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Health (Preservation and Protection and other Emergency Measures in the Public Interest) Bill 2020: Committee and Remaining Stages (19 Mar 2020)

Jim O'Callaghan: It is important to remind Members that since 1947 a Minister for Health has had the power to issue regulations to prevent the spread of infectious diseases. It is a power that exists under section 31 of the 1947 Act and it has not been abused since that time in any way. It is important to point out that Covid-19 was included in a regulation made by the Minister in February 2020. It is also...

An Bille Sláinte (Caomhnú agus Cosaint agus Bearta Éigeandála Eile Ar Mhaithe Le Leas an Phobail), 2020: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Health (Preservation and Protection and other Emergency Measures in the Public Interest) Bill 2020: Committee and Remaining Stages (19 Mar 2020)

Jim O'Callaghan: I want to make a drafting proposal to the Minister. The new subsection (7) of section 40 of the Social Welfare Consolidation Act 2005 refers to a medical officer of health. This term is not included within the definition section of the Social Welfare Consolidation Act 2005 but it is referred to in the definition section of the Health Act 1947. For clarity, the Minister should include it in...

Coronavirus: Statements (5 Mar 2020)

Jim O'Callaghan: Ós rud é gurb í seo mo chéad óráid sa Dáil nua, ba mhaith liom mo bhuíochas a ghabháil leis an bpobal i gCuan Bhaile Átha Cliath Theas. Is mór an onóir agus an phribhléid í bheith tofa mar Theachta Dála sa Teach seo arís. Tá súil agam go mbeidh mé ag obair go héifeachtach ar son na ndaoine...

Written Answers — Department of Justice and Equality: Garda Misconduct Allegations (5 Mar 2020)

Jim O'Callaghan: 327. To ask the Tánaiste and Minister for Justice and Equality the status of the section 42 inquiry recommended by the Independent Review Mechanism into complaints made by a person (details supplied); and if he will make a statement on the matter. [2655/20]

Written Answers — Department of Justice and Equality: Garda Resources (18 Dec 2019)

Jim O'Callaghan: 208. To ask the Tánaiste and Minister for Justice and Equality the status of the modernisation of the PULSE system; and if he will make a statement on the matter. [53602/19]

Written Answers — Department of Justice and Equality: Garda Training (18 Dec 2019)

Jim O'Callaghan: 209. To ask the Tánaiste and Minister for Justice and Equality the number of gardaí who have received specialist training to interview minors who have been victims of sexual abuse; and if he will make a statement on the matter. [53605/19]

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (18 Dec 2019)

Jim O'Callaghan: I thank everyone for coming in here and for their submissions. I have been a barrister for a long time. Usually, I do not like to give speeches about my own assessment but I will give these entities my assessment of how legal costs could be reduced. I want to hear what they have to say in respect of it. It is helpful that we have here before us today two of the largest purchasers of legal...

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (18 Dec 2019)

Jim O'Callaghan: I understand the point Mr. Mack is making. I suppose third-party costs to a large extent will be determined by the costs that the State or the insurance company is paying out. If there is a medical negligence case or another case the State is involved in, is there some mechanism whereby barristers could tender their price for that case and the State could decide, as in any other procurement...

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (18 Dec 2019)

Jim O'Callaghan: Who does that? Is it the Chief State Solicitor's office that originally-----

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (18 Dec 2019)

Jim O'Callaghan: I do not believe it puts out to tender individual cases so that individuals could say, "I'll do that case for X".

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (18 Dec 2019)

Jim O'Callaghan: In her submission, Ms Goggin referred to the report done in 2006 and she stated that it was a very anti-competitive profession. My assessment is that it is an extremely competitive place but the reason costs are not coming down is because people are not availing of the full panoply of people who are available and are sticking with the same people most of the time.

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (18 Dec 2019)

Jim O'Callaghan: They do that already. One can go on the Law Library of Ireland website and check the expertise of a barrister. In my assessment, it is an obligation on the purchaser of the legal service, the person who is spending the money, to look around to see if he or she can get this cheaper. That is what we would do in any market. We look around. If we want to get a flight somewhere, we do not...

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (18 Dec 2019)

Jim O'Callaghan: That is unfortunate but I believe there is an obligation on purchasers to realise that there are other persons who can do it and who need to be given a chance. The profession is full of young, talented people who do not get an opportunity. I have trained barristers and opportunity is the biggest determinant in terms of whether their career takes off. Some of them get it; some of them do not.

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (18 Dec 2019)

Jim O'Callaghan: In England now, where they have chambers, it is very hard to get into chambers so we are excluding people at a very early stage, through the English process, by putting people into chambers. It is hard to get into them. If one does not get into a good chambers, one will not get anywhere. I have a couple of questions for the Insurance Ireland witnesses. My first is to Mr. Hassett. In...

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (18 Dec 2019)

Jim O'Callaghan: Does Mr. Hassett accept that in recent times, certainly since 2015, personal injury awards are being reduced by the Court of Appeal?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (18 Dec 2019)

Jim O'Callaghan: In the Court of Appeal, and I do not want to quote cases at Mr. Hassett, in cases such as Nolan v. Wirenski, Shannon v. O'Sullivan and Fogarty v. Cox, there has been a line of jurisprudence reducing awards by the Court of Appeal. Does Mr. Hassett accept that?

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